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CON-COURT Showdown: Mnangagwa’s surprise Chamisa response

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By Staff Reporter


PRESIDENT Emmerson Mnangagwa’s lawyers say the opposition challenge against his re-election should be dismissed because the papers were not served on time and, worse, got delivered to the wrong address.

MDC Alliance leader Nelson Chamisa on Friday filed a legal challenge to the results of the July 30 election alleging “gross mathematical errors” and calling for a fresh vote or a declaration that he was the winner.

Mnangagwa polled 50,8 percent in the Presidential vote against Chamisa’s 44,3 percent.

Lawyers for the opposition leader arrived at the Constitutional Court less than an hour before the Friday deadline to submit papers.

Responding, Mnangagwa’s lawyers said Sunday that the application should be dismissed because their client was served the papers after the deadline.

Zanu PF legal secretary Paul Mangagwa told the Sunday Mail that the Sheriff of the High Court “purportedly” served Mnangagwa the papers on Saturday at the latter’s Munhumutapa offices in Harare.

“The purported service is irregular for a number of reasons, including that, it is hopelessly out of time, the pronouncement having been made on or before the 3rd of August, 2018.

“Service should have been done by Friday, the 10th of August, 2018,” said Mangwana.

The Zanu PF politburo member also claimed that the papers were served at the wrong address.

He explained; “Service should have been effected at Comrade ED Mnangagwa’s address, as given in his nomination papers, being Pricable Farm, Sherwood Block, Kwekwe, and further that, from the papers delivered, there is not attached some documents referred to in the application

“To our knowledge, because of the attempt to catch respondents by surprise, the applicant has failed to effect service on time, and in accordance with the law.”

The ruling party also revealed that it had assembled a ‘legal dream team’ to handle the matter on behalf of Mnangagwa.

Said Mangwana; “We have a team of lawyers led by Advocate Lewis Uriri and Advocate Thembinkosi Magwaliba for the court challenge.

“These two will be supported by 10 other locally based lawyers. We are going to file, most probably on Monday.

“We are confident of winning this case because the matters raised are political rather than legal.”